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Legal Literacy Resources
Civil & Small Claims Court

The Canadian Legal System is a complex and interconnected relationship between the government, courts, law enforcement, public officials, and Canadian society. Laws exist to protect our fundamental rights and freedoms while, at the same time, giving us rules that help govern and maintain a well-ordered society.

As with the general population, those who are in the Corrections System have legal needs that include, but are not limited to:

Legal representation and counsel,
Self-representation in court,
Matters related to family law, including custody or divorce, issues related to immigration and/or extradition, or issues related to suing or being sued.

The goal of this course is to help you understand your legal rights and responsibilities should you choose to self-represent in the justice system. The course will look at legal terms and definitions that you should know, the initial steps you can expect to take as a self-representing litigant (SRL), and how the Disciplinary court system works within federal institutions. By the end of this course, you will be able to make more informed decisions based on your unique needs and circumstances.

Click on the first lesson below—or the “View Course” button above—when you’re ready to begin.

Civil & Small Claims Court

You can go through the Small Claims court if your claim is for $35,000 or less (this limit varies slightly by province, but $35k is the standard in Ontario). It is designed to be faster and less formal than higher-level courts. If you sue for more than the limit, you usually "waive" the extra amount.

The limit varies by province, but as of 2026, it is commonly $35,000 (e.g., in British Columbia and Ontario, though some Ontario districts have piloted higher limits up to $50,000). If your claim is for $40,000, you can still use Small Claims Court, but you must "waive" or abandon the extra $5,000.

In some provinces, like BC, claims under $5,000 must first go through an online tribunal (like the Civil Resolution Tribunal) before they can ever reach a courtroom.

The process generally follows six steps:

Claim: You file a Plaintiff’s Claim and "serve" it to the defendant.

Defence: The defendant has a set time (usually 20 days) to file a dispute.

Settlement Conference: A mandatory meeting with a judge to try and settle the case without a trial.

Motions: Small hearings for "housekeeping" issues (e.g., asking for more time).

Trial: Both sides present witnesses and evidence.

Judgment: The judge makes a final decision.

Yes. Most provinces require a Settlement Conference. This is a private, informal meeting where a judge helps you discuss the issues. Anything said here is confidential and cannot be used against you later at trial.

You need "the paper trail." This includes:

Receipts, invoices, and contracts.

Photos of damage(s) or poor workmanship.

Text messages or emails showing agreements.

Witnesses: If a person saw what happened, you must list them on a "List of Proposed Witnesses" form.

If you are suing a mechanic for a bad engine repair, you might need another mechanic to provide an Expert Report. You must share this report with the other side well before the trial, or the judge may not allow it.

No. This is the most common misconception. The court gives you a Judgment (a piece of paper saying they owe you money). It is your responsibility to collect it.

If the "debtor" won't pay, you have to use Enforcement tools:

Garnishment: Taking money directly from their paycheck or bank account.

Seizure: Having a bailiff take their car or equipment to sell it.

Examination Hearing: Forcing them to come to court to explain their finances under oath so you know where their money is.

If you lose, you may be ordered to pay the other party's court costs. While these are much lower than in Superior Court, they can still include filing fees and a small percentage of the claim amount to cover the winner's "trouble."

Yes, but usually only if the claim was for more than a certain amount (typically $3,500). Appeals are expensive and difficult, so most Small Claims decisions are final.

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